13 April 2005
Governor Sebelius signs eight bills into law
Governor Kathleen Sebelius today signed eight bills into law. To date, Governor Sebelius has signed 134 bills and vetoed three.
Establishing identity fraud as a crime
HB 2087 amends the Criminal Code to establish two new crimes: vital records identity fraud and identity fraud. The bill also expands the scope of the crime of identity theft to delete the current requirement that the crime be committed for an “economic” purpose and makes other changes.
Promoting the hiring of math and science teachers when school is not in session
SB 138 enacts an income tax credit for tax years 2005-2007 for businesses that enter into partnership agreements with school districts to employ teachers during times when schools are not regularly in session. In order for a business to qualify for the credit, the teachers, who would be required to hold Kansas teaching certificates with endorsements in mathematics, science, physics, chemistry or biology, also are required to be employed in positions requiring math or science skills commensurate with the classes they regularly teach. A business is prohibited from claiming credits for the employment of individuals who are household or family members of owners, directors, officers, or other employees of the firm.
Promoting microbreweries in Kansas
HB 2501 amends the Liquor Control Act by allowing the Director of the Alcoholic Beverage Control (ABC) to issue a microbrewery packaging and warehousing facility license to a microbrewery licensee at the cost of $100.00. The license would allow a microbrewery to transfer beer, manufactured by the licensee, for the purpose of packaging and storing, or both, from a microbrewery to the warehouse, or vice versa, or to a licensed beer wholesaler. The bill also allows the Director of ABC to issue to the Kansas State Fair or any other bona fide group of brewers a permit to import small quantities of beer, to be used only for educational and scientific tasting programs, and not be resold. Finally, the bill permits microbreweries to sell domestic beer on Sunday from 11:00 a.m. to 7:00 p.m.
Allowing a charge for transmission of money
HB 2276 provides that persons complying with the provisions of KSA 9-508 through 9-513, and amendments, may charge a different price for a transmission of money. The bill allows that the charge for the transmission be based on the mode of transmission used in the transaction and that the price charged for the service be identical for all forms of payment accepted for the same mode of transmission. The bill also provides that banks be allowed to act as trustees of both Medical Savings Accounts and Health Savings Accounts without a special permit, if investments are limited in time, savings, or demand deposits in the bank.
Allowing a single form of payment for fees charged by a county sheriff
SB 39 provides that fees charged by a county sheriff for services, such as service of process and procuring witnesses in court, for the same court case may be paid by a single check, money order, or other form of payment at the discretion of the person making the payment. The State of Kansas and all political subdivisions, agencies, authorities, institutions or other instrumentalities are exempt in any civil action in which the entity is involved from paying service of process fees.
Changing rules for providing motor vehicle records
SB 119 adds an additional permissive provision to allow the Director of Vehicles to provide motor vehicle records to a requesting party upon written certification that the records would be used only for the stated purpose. Under the bill, the Director could provide businesses with statistical reports on motor vehicle title or motor vehicle registration, or both, so long as personal information is not published, redisclosed, or used to contact individuals.
Clarifications to the Angel Investor Tax Credit Act & the Impact Program
HB 2448 makes changes to the Angel Investor Tax Credit Act and the Impact Program. It clarifies the Angel Investor Tax Credit Act to clarify that persons serving as executives, officers, employees, vendors, or independent contractors of the business in which an otherwise qualified cash investment is made could not be deemed to be an “angel investor” under the provisions of the act and could not, therefore, as individuals, qualify for the issuance of tax credits associated with the investment. The bill also prohibits businesses from being designated as “qualified” for purposes of the act when they have ownership interests (such as stock) that can be traded by the public on or before the date when otherwise qualifying investments are made. The bill also makes a number of changes to the Department of Commerce Impact Program.
Changes to the Transportation Development District Act
SB 209 makes a number of changes in the Transportation Development District Act. The bill eliminates protest petition provisions that currently authorize property owners to force an election on the proposed imposition of a transportation development district sales tax and clarifies that the public hearing on the advisability of creating the district also would be expanded to include the intention of the district to levy the tax. Additional amendments: Clarify that petitions signed by property owners seeking to have municipalities form development districts are required to include the maximum, as opposed to estimated, cost of the projects; and that notices related to the public hearings similarly are required to include the maximum, as opposed to estimated, cost of the projects; Expand the definition of a transportation development district project by specifying a number of items to which the phrase "any other transportation related project or infrastructure" could refer. These would include utility relocation, sanitary and storm sewers and lift stations, and several others.
